Administrative Measures On Green Food

Original Language Title: 绿色食品标志管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201211/20121100378152.shtml

Administrative measures on green food

    (July 30, 2012 the Ministry of Agriculture announced 2012 of 6th October 1, 2012) Chapter I General provisions

    First to strengthen the management of green food, ensuring Green foods reputation, promote healthy development of green food, maintaining production operator and the legitimate rights and interests of consumers, according to the People's Republic of China agricultural Act, the People's Republic of China food safety law and the People's Republic of China Law on quality safety of agricultural products and the People's Republic of China trademark law, these measures are formulated.

    Article Green mentioned in these measures refers to from the fine ecological environment, according to the food standards, implementation of process quality control and get the right to use green food mark safe, high quality edible agricultural products and related products.

    Third green flag legally registered as certification marks, and are protected by law.

    Fourth competent administrative departments of people's Governments above the county level agricultural green food and green food supervision and management.

Fifth China green food Development Center is responsible for the national green food labels use to apply for review, certification and certification tracking and inspection work.

    Provincial departments of agriculture administration green food work organs (hereinafter referred to as the provincial agencies) responsible for the administration of green food and application accepted, after the preliminary examination and certification tracking and inspection work.

    Article sixth of green food production, production technology, product quality, packaging, storage and transportation standards and norms by the Ministry of agriculture to develop and publish.

    Article seventh green food product and environmental testing of technical bodies, shall have corresponding conditions and capacities, and gain the qualification, by the China green food Development Center in accordance with fair and impartial, competition selection specified and reported to the Department of agriculture records.

    Eighth agricultural administrative departments in local people's Governments at or above the county level shall encourage and support food production and their integration into local agricultural and rural economic development plan, supported the construction of green food production base.

    Chapter sign in application and approval

Nineth applied green food products, should be consistent with the People's Republic of China food safety law and the People's Republic of China agricultural products quality and safety law and other laws and regulations, in the context of the State administration for industry and Commerce Trademark Office approved and satisfy the following conditions:

(A) the product or raw material production in line with environmental quality standards for green food production;

(B) pesticide, fertilizer, feed, veterinary drugs and other inputs used green guidelines for the use of inputs;

(C) the product quality in line with the quality standards of food products;

    (D) packaging, storage and transportation to meet food packaging, storage and transportation standards.

Tenth applied green food production units (hereinafter applicant) shall satisfy the following conditions:

(A) the ability to independently assume civil liability;

(B) the environmental conditions and production technology of the green food production;

(C) has a sound quality management and quality assurance systems;

(D) commensurate with the scale of production technology and quality control personnel;

(E) a stable production base;

    (F) quality and safety accident-free within three years prior to the application and poor credit records.

11th the applicant shall make application to the provincial institutions, and submit the following materials:

(A) application for sign;

(B) the qualification supporting documents;

(C) technical specification for production and quality control standards;

(D) the prepackaged product packaging labels or proofs of its design;

    (E) other supporting materials submitted by the China green food Development Center. 12th provincial institutions shall, within ten working days as of receipt of the application materials review completed.

To meet the requirements of, and is admissible, and the products and organizations during the product raw material to produce qualified inspectors on site inspection; do not meet the requirements of the inadmissible, by notice in writing to the applicant and informed reason.

    On-site inspection of provincial institutions shall notify the applicant in writing, commissioned by the applicant in accordance with article seventh testing organizations to apply for and the appropriate test environment; failed to pass the inspection, provincial institutions shall return an application and written reasons.

13th after an inspection body accepts a delegate, shall promptly arrange for on-site sampling and 20 working days from the date of product samples sampling, environmental sample completed within 30 working days from the date of sampling and testing work, provide the product quality inspection report and the environmental monitoring report, submitted to the provincial agencies and applicants.

    Testing institution should be responsible for test results. 14th working bodies at the provincial level should be receipt of the inspection report and environmental monitoring within 20 working days of the date of the report set out its preliminary comments. Of first instance qualified, set out its preliminary comments and related materials submitted to the China green food Development Center.

First instance failed, and returned to the application and shall inform the reasons.

    Provincial institutions should be responsible for preliminary results. 15th article of China green food Development Center shall receive the provincial bodies for submitted materials in writing within 30 working days from the date of the review, and to organize the expert review within 20 working days.

    If necessary, on-site verification should be carried out. 16th article of China green food Development Center should be based on expert opinion and make their licensing decisions within five working days.

    Agree to certification, green food labels use contracts with the applicants, issuing green food certificate, and notice does not agree with the certification, notify the applicant in writing and inform the reason.

17th green food certificate is legitimate use of green food certificate of the applicant, and shall set forth the authorization to use the name, trademark name, the certified unit and its information code, approved production, product number, logo using the validity period, the certificate issuing authority, and so on.

    Chinese and English versions of green food certificate, have the same effect.

18th green food certificate is valid for three years. Certificate expiry, needs to continue to use green food mark, sign users shall, before the expiry of three months work to the provincial agencies submit written request for renewal. Provincial agencies should organize, within 40 working days of work inspection, testing and audit of materials. Qualified in the first instance, by the China green food Development Center within ten working days whether or not to grant the renewal decision.

Renewal is granted, and mark use green food logo use contract renewal, issuing new signs of green food certificate and notice will not be renewed, informed logo used in writing and inform on the grounds.

    Sign who fails to submit a renewal application, or the application for renewal is not approved, do not continue to use green food mark.

    Chapter III administration sign

19th logo used in the article within the period of validity of the certificate shall enjoy the following rights:

(A) in the certified products and their packaging, labels and instructions on using the green flag;

    (B) the certified product advertising, exhibitions and other marketing activities used in the green food labels;

    (C) the standardization of agricultural production base construction, agricultural production, industrial management, marketing of agricultural products enjoy priority in terms of relevant supporting policies.

Article 20th symbol used within the validity of the certificate shall perform the following obligations:

(A) strictly enforce food standards, maintaining food production and product quality is stable and reliable;

(B) comply with the sign contract and related provisions regulating the use of green food labels;

    (C) cooperate with the competent administrative Department of the people's Government above the county level agricultural inspection and green body checks.

21st article without the permission of the China green food Development Center, no unit or individual may use green food mark.

    Green food is prohibited for non-licensed products and business activities.

22nd in the validity of the certificate, mark using the person's name, product name, product trademarks and other changes shall be subject to the provincial body of work after the audit to the China green food Development Center to apply for a change.

    Conditions change, such as production, production technology, product no longer meets the requirements of green food standard, logo use should stop using them immediately, and provincial agencies report to the China green food Development Center.

    Fourth chapter of supervision and inspection

    23rd flag used should be sound and implement product quality control system, responsible for its production of green food quality and credibility.

    24th agricultural administrative departments in local people's Governments at or above the county level shall strengthen the supervision and management of green food, according to law on green food production base in the area of the environment, product quality, packaging, logo use, supervise and inspect the situation.

25th article of China green food Development Center and provincial institutions shall set up a green food work risk prevention and emergency response systems, organization of green food and the logo usage tracking. Provincial institutions should be organized on the area of green food labels people use green food mark implementation checks have been used.

    Checked, in the chapter logo stamped certificates inspected have been used.

Article 26th flag using one of the following circumstances, by the China green food Development Center to cancel its right to recover sign certificate and announce it:

(A) does not meet the criteria of environment quality for green food production environment;

(B) product quality does not meet the quality standards of food products;

(C) failed to pass the annual inspection;

(Iv) does not comply with the sign contract;

(E) violation of the requirement to use marks and certificates;

(F) to the right acquired by fraud, bribery or other improper means.

    Logo use in accordance with the provisions of the preceding paragraph was cancelled right, within three years of the China green food Development Center no longer accepts the application for its serious, permanent not to proceed with the application.

    27th no unit and individual shall forge, transfer signs and signs of green food certificate.
28th State shall encourage units and individuals to green and social supervision logo usage.

    29th personnel engaged in food inspection, audit, supervision, abuse, deception and negligence, given administrative punishment or administrative punishment in accordance with the Regulations constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Take green food products and environmental technology institutions forge results, in addition to penalties, designated by the China green food Development Center has canceled permanently shall not be borne by food product and environmental testing.

    Article 30th other acts in violation of these rules, in accordance with the People's Republic of China Food Safety Act, the People's Republic of China Law on quality safety of agricultural products and the People's Republic of China punishment trademark law and other laws and regulations.

    The fifth chapter by-laws

    31st green food-related charges and standard, in accordance with the relevant provisions of the State. 32nd article this way come into force October 1, 2012. Issued on January 11, 1993, the management measures of green food and the Ministry of agriculture (1993 agricultural (green) 1th) repealed simultaneously.